Basciano (right) was convicted of the Santoro shotgun slaying last July. The killing was one of the racketeering charges first brought against him in 2006. A federal jury convicted him of racketeering, attempted murder and gambling but deadlocked on the murder charge. U.S. Attorneys decided to retry him on that charge.

Basciano's attorneys are appealing the conviction, arguing that the prosecution's case was built upon false information supplied by mob turncoat Dominick Cicale. Things could still get worse for the former crime boss. He could face the death penalty in an upcoming trial for allegedly ordering the murder of Randolph Pizzolo.

Basciano became acting boss of the Bonanno clan after boss Joseph Massino was indicted for racketeering. A federal judge imposed a life sentence on Massino in 2005. Facing the possibility of a death sentence for his role in underworld murders, Massino aided prosecutors in their efforts to acquire evidence against Basciano. Massino recorded his prison conversations with Basciano.